INVITATION FOR BID

FUEL

Date of Issuance: July 2, 2026 Bid Number: IFB-26-0041

Response Deadline Date: July 16, 2026 Time: 10:00 AM

Questions regarding this invitation should be directed to https://olatheks.bonfirehub.com/

The deadline for receipt of questions from bidders is close of business on July 9, 2026

Supplier is submitting a firm bid which is not revocable for ninety (90) days.

Supplier is not submitting because

Bidder’s Name: Phone No.:

Company Name: Fax No.:

Address: Email:

City, State, Zip:

https://olatheks.bonfirehub.com/

CITY OF OLATHE, KS

IFB-26-0041

INTENT

The intent of this Invitation for Bids (IFB) is to contract with one or more qualified contractors to provide bulk fuel for vehicles and equipment for the City of Olathe, Kansas.

RESPONSE DOCUMENTS

The following documents must be downloaded, completed, and uploaded to https://olatheks.bonfirehub.com/ to provide a complete bid response package:

• Affidavit signed and notarized. – Appendix C

• IFB document, including appendices, and all response fields completed.

• Warranty information

INQUIRIES

Questions regarding this Invitation for Bid must be submitted to https://olatheks.bonfirehub.com/. The deadline for receipt of questions from bidders is 5:00 PM (CST) July 9, 2026. No further questions or clarifications will be provided after that date.

No communication regarding this IFB should be directed to any other City official or employee. All queries will be responded to https://olatheks.bonfirehub.com/ in the form of written addenda and posted.

Respondents shall include confirmation of the receipt of any addenda with their bids. Failure to do so could result in your bid being deemed non-responsive.

CERTIFICATE OF GOOD STANDING: All contractors awarded a contract in the amount of $25,000 or higher are required to submit a current Kansas Certificate of Good Standing to the City with a valid verification code, upon award of contract. The Certificate is issued by the Kansas Secretary of State’s Office and affirms that a business has complied with the applicable provisions of the laws of the State of Kansas, is in good standing, and authorized to transact business or to conduct affairs within this state. Access the Secretary of State website (https://www.getincnow.com/Kansas-Good-Standing-Certificate.php

PRICING

Bidder proposes to furnish and deliver items ordered from this bid F.O.B. Olathe, Kansas. Pricing shall include all travel, shipping, freight, surcharges, and handling costs. Bidder signifies that they have read all bid documents and are providing detailed, expressed warranties with this bid. It shall be unacceptable for any bidder to make the statement "see specifications" instead of listing all exceptions and additions in the specifications of this bid document.

Bidders shall enter unit pricing on https://olatheks.bonfirehub.com/ where indicated. Failure to provide any requested information may result in rejection of your bid.

CONTRACT TERM

The initial term of this contract will be three (3) years from the date of approval with the option for two (2) additional one (1) year renewals. The City reserves the right to extend the contract under the same terms and conditions for additional periods from date of expiration provided such extensions are mutually agreeable to the City and the contractor and if funds are available to support the continuation of the contract.

EVALUATION CRITERIA

The award will be made to the lowest most responsive and responsible bidder, which will be judged based on price, conformance to specifications, experience providing like work, proposed completion time, past vendor performance, quality of product, payment terms, references, and in the best interest of the City of Olathe, all factors being considered. The City reserves the right to award this bid in whole or in part.

INVOICING

All invoices submitted for payment must be itemized to include a detailed breakdown of all items, name of person who placed order, location of work to be performed and work order number and equipment unit number. Invoices https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/ https://www.getincnow.com/Kansas-Good-Standing-Certificate.php must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice shall be mailed to the attention of Accounts Payable, PO Box 768, Olathe KS 66051-0768 or emailed to: apolathe@olatheks.org INVOICES MUST BE SUBMITTED TO APOLATHE@OLATHEKS.ORG WITHIN 30 DAYS OF COMPLETED WORK. Failure to submit invoices in a timely manner may result in payments being delayed.

PAYMENT TERMS

The City of Olathe will only accept payment terms of Net 30 days.

Will your company accept the City’s VISA P-Card for payment without additional cost? Yes No:

ESCALATION/DE-ESCALATION CLAUSE:

In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable:

1. Contractor shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

2. Such notice must be accompanied by a copy of the supplier’s notification to the contractor of a justifiable price change.

3. No price escalation will be authorized in excess of the amount of the increase indicated on the supplier’s notice.

4. The approved price change shall be honored for all orders received by the contractor after the effective date of such price change.

5. Approved price changes are not applicable to orders already issued and in process at time of price change.

6. Each agency reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to the price increase after reasonable notice and during normal business hours.

7. The Procurement Manager retains the right to determine whether or not such proposed price changes are in the best interests of the agency.

8. If in the opinion of the Procurement Manager any proposed increase is found unacceptable, the Procurement

Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

INDEMNITY

Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm, or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless City and its agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of Consultant or its subcontractors.

Comply: Exception:

DELIVERIES

Deliveries shall be made within twenty-four (24) hours and within two (2) hours on emergency orders. Deliveries shall be made to each location as indicated order. Delivery will be accepted between 9:00 a.m. and 3:00 p.m. on weekdays only, unless otherwise mutually agreed upon by the contracting parties. No regular deliveries will be accepted on Saturdays, Sundays, or government holidays (holidays include New Years Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Juneteenth, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day).

SUBCONTRACTS

The contractor shall not execute an agreement with any subcontractor until they have written approval from the individual agencies. The contractor shall be fully responsible to the participating entities for the acts and omissions of their subcontractors, just as they are responsible for persons directly employed by them. The contractor shall mailto:apolathe@olatheks.org mailto:APOLATHE@OLATHEKS.ORG require compliance by each subcontractor with the applicable provisions of this contract. Nothing contained in the conditions shall create any contractual relationship between any subcontractor and participating entities.

ESTIMATED QUANTITIES

Quantity indicated below is the estimated annual quantity only. The successful contractor(s) shall deliver only such quantities and types of fuel as are requested and required by the City, and the contract shall be binding only for the actual quantities ordered and delivered during the contract period.

Gasoline, E-10 Unleaded, Regular, 87+ Octane 287,750 gal Fuel, Diesel #1, 42+ Cetane 117,500 gal Fuel, Diesel #2, 40+ Cetane 117,550 gal Fuel, Dyed Diesel #2, 40+ Cetane 24,600 gal

TEMPORARY TANKS

City of Olathe requires the use of temporary tanks at several locations. Currently two locations have two (2) 250 gallon tanks, one unleaded and one diesel. One location has a 1,000 gallon diesel tank and a new location will need to have a 250 gallon unleaded tank. These are to be provided by the selected fuel vendor along with any containment (preferably double walled tanks) to be compliant with KDHE rules and regulations. All deliveries to temporary tank locations are to be made by tank truck, not tanker (due to space limitations).

PRICING

City of Olathe will purchase fuel products as needed as described above using Rack Pricing for delivery of a specific amount on a particular day:

Gasoline and #2 Diesel pricing shall be based on the Unbranded “Current Day OPIS Contract NET TMNL LOW” with a 24-hour locked-in price at a fixed terminal plus a pre-determined markup (Margin Above Rack). “Current Day OPIS Contract NET TMNL LOW” is the published OPIS report pricing from the end of the previous day.

#1 Diesel pricing shall be based on the lowest available “Daily Market Rack Price” plus a pre-determined markup (Margin Above Rack).

“Rack Price” is for the fuel product only (excluding terminal taxes and fees, and other charges).

Prices quoted shall be firm and fixed for the initial term of the contract.

Supplier pricing for fuel products shall be provided as follows:

The cost provided will be the "Margin Above Rack" delivery fee, to include any and all freight and markup, for the specifically referenced fuel product per gallon, as requested on Appendix A.

Split-Load cost provided will be the per load cost, as requested on Appendix A. Split-Load is defined as fuels loaded from two (2) independent Pipeline Terminals or single Pipeline Terminal and Supplier's bulk storage tank (non-pipeline terminal), only to be charged per customer’s request and not due Pipeline Terminal delays or outages.

Split-Delivery cost provided will be the per load cost, as requested on the Appendix A. Split-Delivery is defined as fuel product delivered to different City of Olathe locations (with a different address) from the same load, only to be charged per customer’s request and not due Pipeline Terminal delays or outages. Split-Delivery fee will be charged for each subsequent location after initial delivery. The delivery fee charged will be at the combined total gallons load rate.

Pump-Off cost provided will be the per load cost, as requested on the Appendix A.

Pump-Off is defined as use of a liquid transfer pump to off-load fuel from delivery truck, as requested on the Appendix A.

Discount for Prompt Payment: Supplier shall state the discount offered for payments received within twenty (20) calendar days from the date of delivery or from the date of re-issued corrected invoice, as requested on the Appendix pages A. Prompt payment discounts apply to both Bill of Lading terminal fuels and Supplier’s bulk storage fuels (excludes terminal taxes and fees, non-terminal additives, and delivery fees).

The Supplier must promptly notify the City of Olathe of any imposed rate increases set forth by Federal, State, and Pipeline Terminal.

The Supplier shall be responsible for filing all applicable taxes and credits such as, but not limited to, alternative fuel credits and Federal Excise tax, to be passed-on to the AGENCY at time of invoicing.

The Supplier shall have unbranded gasoline and diesel fuel supply agreements with at least two suppliers, and shall maintain allocation contracts with these suppliers for the term of this contract. In addition, Supplier shall be established to buy unbranded and branded fuels from at least three (3) terminals within the Kansas City metropolitan market.

In the event the Nation or Region experiences a shortage of fuel, by any cause, it is to be understood that the existing Supplier guarantees priority of fuel allocations to City of Olathe as outlined in State and Local Emergency Operation Plans to ensure the continuation of essential operations and public safety.

The intent is to procure fuels directly from a fixed pipeline terminal. The Supplier must provide a Bill of Lading for fuel loads exceeding 499 gallons. Agency must approve in advance all fuels from a Supplier’s non-terminal bulk storage exceeding 499 gallons.

Supplier will be required to provide electronically (E-mail) daily and with invoices Supplier/Rack Prices, per the request of Ordering Agency. Pricing sheets shall include all fuels to be provided or specific fuels, at the request of Ordering Agency.

Supplier shall include in their bid Supplier/Rack Price Sheet for racks within Kansas City metropolitan market; and , Supplier shall identify all racks supplier has established credit and allocation contract(s) to procure fuels; and, Supplier shall identify the lowest priced rack fuel purchased for Gasoline E-10 Unleaded Regular 87+ Octane, Diesel #1 42+ Cetane and Diesel #2 40+ Cetane for each of these days: 6/1/26, 6/11/26, 6/16/26, 6/24/26;AND, Supplier shall provide copy of invoices and Bill of Ladings as proof of purchase.

F.O.B. Destinations are shown on the attached Appendix-B. Supplier retains title and assumes all transportation charges, responsibility, liability, and risk in transit, and shall be responsible for the filing of claims for loss or damage.

LABORATORY TESTING

The City reserves the right to remove random samples of fuel supplied for laboratory testing. If sample tested (per ASTM testing methods) is not equal or does not conform to the specification, the expense of making such test shall be paid by the contractor(s) and the City reserves the right to purchase fuel elsewhere. At the City’s option, the contractor will remove fuel from the tank(s) and replace the inferior fuel at no charge with fuel meeting specifications and pay for any equipment damage caused by the inferior fuel. If the test shows the sample to be equal to or conform to the specifications, the City shall bear the expense of the test. Supply of such inferior fuel by the contractor(s) may be cause for cancellation of the contractor’s contract.

Comply Exception:

CERTIFICATE OF CALIBRATION

All contractors’ equipment is to be within the State of Kansas calibration guidelines. The City requires a copy of the State certificate of calibration to be available upon demand. The City also reserves the right to randomly check the contractor’s calibration during the contract period.

Comply Exception:

MATERIAL SAFETY DATA SHEETS (MSDS)

It is mandatory for a supplier or distributor to supply a MSDS as required by 29CFR 1910.1200 with the first shipment of hazardous material. Also, at any time the content of a MSDS is revised, the contractor is required to provide new information relevant to the specific material.

Comply Exception:

REPAIR OF DAMAGES

Damages to property and spillage caused by the contractor must be corrected immediately. In the event of a spillage, the damage must be corrected at the time of the occurrence. The contractor shall notify the City immediately of damage to property or spillage. Any repair of damage or correction of spillage performed by any participating jurisdiction or entity due to the contractor’s failure to make timely or satisfactory repairs/corrections shall be charged against the contractor’s account.

DETAILED SPECIFICATIONS

All fuel supplied shall either meet or exceed current or future specifications as set forth by the Department of Transportation or Williams Pipeline, whichever is applicable.

Gasoline, Unleaded, Regular Grade Octane not less than 87.0 Non-Alcohol Blend Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D4814 (10b) Comply Exception:

Gasoline, Unleaded, Mid-Grade Octane not less than 89.0 Non-Alcohol Blend Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D4814 (10b) Comply Exception:

Gasoline, Unleaded, Premium Grade Octane not less than 91.0 Non-Alcohol Blend Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D4814 (10b) Comply Exception:

Fuel, Diesel #1 Cetane not less than 42.0 Maximum sulfur content 15 ppm Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D975, D976, D2500 Comply Exception:

Fuel, Diesel #2 Cetane not less than 40.0 Maximum sulfur content 15 ppm Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D975, D976, D2500 Comply Exception:

Fuel, Diesel, Premium Grade, X-1 Cetane not less than 45 Maximum sulfur content 15 ppm

Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D975, D976, D2500 Comply Exception:

Gasoline, Unleaded E-10, 10% Ethanol Octane not less than 87.0 Free from excessive amounts of solid and foreign material To comply with State and Federal maximum lead specifications and with ASTM D4814 (10b) Comply Exception:

ADDITIONAL REQUIRED INFORMATION

1. It is a requirement that all gasoline be blended prior to delivery at each location.

Comply Exception:

2. Does your company have a local fleet presence or operation: Yes No If no, explain:

3. Emergency Fuel Availability & Process:

Each vendor must state the process for emergency fueling in case of a catastrophic event( natural disaster or calamity), including each agency’s priority status:

APPENDIX A

DELIVERY FEE PRICING

Item Item and Specification Unit Charge/ Discount

Margin Cost Above Rack 7,000+ gal

Margin Cost Above Rack

5,000-6,999+ gal

Margin Cost Above Rack

2,000-4,999+ gal

Margin Cost Above Rack

500-1,999+ gal

Margin Cost Above Rack 50-499+ gal

A Gasoline, E-10 Unleaded, Regular, 87+ Octane Gal - B Fuel, Diesel #1, 42+ Cetane Gal - C Fuel, Diesel #2, 40+ Cetane Gal - D Fuel, Dyed Diesel #2, 40+ Cetane Gal - E Winter Diesel Surcharge, 0 degrees Gal F Winter Diesel Surcharge, -10 degrees Gal G Winter Diesel Surcharge, -20 degrees Gal H Split-Load Charge Load - - - - - I Split-Delivery Charge Load - - - - - J Delivery Pump-Off Fee Load - - - - - K Discount for Prompt Payment % off

Fuel price

APPENDIX B

CITY OF OLATHE FUEL DELIVERY LOCATIONS

Description

Estimated gallons per year, based on 2025 usage Site Info (Most Backup Generators have belly tanks) 1 City of Olathe - City Hall Campus

100 W Santa Fe, Olathe, KS 66061 A Fuel, Dyed Diesel #2, 40+ Cetane 100 Backup Generator

2 City of Olathe - Parks & Recreation 200 W Santa Fe, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

3 City of Olathe Street Division 400 E Harold St, Olathe KS 66061 Fuel Station 2) 10000 gallon UST, NL&Diesel

A Gasoline, E-10 Unleaded, Regular, 87+ Octane 25,000 B Fuel, Diesel #1, 42+ Cetane 35,000 C Fuel, Diesel #2, 40+ Cetane 35,000

4 City of Olathe - Robinson Campus 1385, 1415 & 1445 S Robinson, Olathe, KS 66061 Fuel Station 2) 10000 gallon AST, NL&Diesel

A Gasoline, E-10 Unleaded, Regular, 87+ Octane 78,000 B Fuel, Diesel #1, 42+ Cetane 70,000 C Fuel, Diesel #2, 40+ Cetane 70,000

5 City of Olathe - Public Safety Campus 501 W 56 HWY, Olathe, KS 66061

A Fuel, Dyed Diesel #2, 40+ Cetane 50 Backup Generator

6 City of Olathe - Public Safety Campus 505 E Sunvale, Olathe, KS 66061 Fuel Station 2) 6000 gallon UST tanks for NL & Diesel

A Gasoline, E-10 Unleaded, Regular, 87+ Octane 180,000 B Fuel, Diesel #1, 42+ Cetane 12,500 C Fuel, Diesel #2, 40+ Cetane 12,500

7 City of Olathe - Fire Station #2 1725 N Renner Rd, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

8 City of Olathe - Fire Station #3 14940 W 143rd St, Olathe, KS 66062 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

9 City of Olathe - Fire Station #4 13301 S Mur-Len, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

10 City of Olathe - Fire Station #5 1128 Spruce, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

11 City of Olathe - Fire Station #6 24200 W 111th St, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

12 City of Olathe - Fire Station #7 16110 S Mur-Len, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

13 City of Olathe - Fire Station #8 14700 Lakeshore Dr, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

14 City of Olathe - Renner Water Tower 11851 S Renner Rd, Olathe, KS, 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 500

15 City of Olathe - Water Plant #2 27065 W 83rd St, Lenexa, KS 66224 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

16 City of Olathe - Collector Well #1 30700 W 82nd St, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 50

17 City of Olathe - Collector Well #2 8255 S Gardner Rd, Desoto, KS ? Backup Generator

A Fuel, Diesel #2, 40+ Cetane 50

18 City of Olathe - Landfill Hedge Lane & 127th St, Olathe, KS 66061 1000 Gallon, Fuel Supplier Owned and Maintained Tank for fueling equipment

A Fuel, Dyed Diesel #2, 40+ Cetane 18,000

19 City of Olathe - Hedge Lane Water Tower 710 Hedge Lane, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 400

20 City of Olathe - Cedar Creek Wastewater (1) 14915 W 119th St, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 500

21 City of Olathe - Cedar Creek Wastewater (2) 25915 W 119th St, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 500

22 City of Olathe - Blackbob Water Tower 14500 W 151st St, Olathe, KS 66062 Backup Generator, UST 1000 gallon

A Fuel, Dyed Diesel #2, 40+ Cetane 500

23 City of Olathe - Harold St Wastewater 200 E Harold St, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 100

24 City of Olathe - Public Works Generator 1415 S Robinson Dr, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 500

25 City of Olathe - Fire Administration 1225 S Hamilton Circle, Olathe, KS 66061 Backup Generator

A Fuel, Dyed Diesel #2, 40+ Cetane 100

26 City of Olathe - Blackbob Park Maintenance 14500 W 151st St, Olathe, KS 66062 2)500 Gallon, Fuel Supplier Owned and Maintained Tank for fueling equipment

A Gasoline, E-10 Unleaded, Regular, 87+ Octane 2,000 B Fuel, Dyed Diesel #2, 40+ Cetane 2,000

27 City of Olathe - Lone Elm Park Maintenance 21151 W 167th St, Olathe, KS 66062 2)500 Gallon, Fuel Supplier Owned and Maintained Tank for fueling equipment

A Gasoline, E-10 Unleaded, Regular, 87+ Octane 750 B Fuel, Dyed Diesel #2, 40+ Cetane 750

28 City of Olathe - Prairie Center Park Maintenance A 555 N. Olathe View Rd, Olathe, KS 66061 1)500 Gallon, Fuel Supplier Owned and Maintained Tank for fueling equipment

Gasoline, E-10 Unleaded, Regular, 87+ Octane 2,000

29 City of Olathe - Fire Station #8 14700 S Lakeshore Dr, Olathe, KS 66061

A Fuel, Dyed Diesel #2, 40+ Cetane 50 Backup Generator

30 City of Olathe - Fire Station #9 20500 College Boulevard, Olathe, KS 66061

A Fuel, Dyed Diesel #2, 40+ Cetane 50 Backup Generator

APPENDIX C

AFFIDAVIT

STATE OF )

) SS.

COUNTY OF )

of the City of , (Name of Individual)

County of , State of ,being duly sworn on her or his oath, states;

1. That I am the (Title) of (Firm Name), and have been authorized by said firm to make this affidavit on its behalf;

2. (Check the box the applies) No officer, agent or employee of the City of Olathe, Kansas is financially interested, directly or indirectly, in what firm is offering to sell to the City pursuant to any solicitation issued by the City of Olathe;

OR

The following officer(s), agent(s), or employee(s) of the City of Olathe would be financially interested in or receive a benefit from the profit or payments of any contract, job work, or service provided to the City of Olathe: (list all such officers, agents, or City employees on a separate sheet);

3. (Check the box that applies)

If firm were awarded any contract, job work, or service for the City of Olathe, Kansas, no officer, agent or employee of the City would be financially interested in or receive any benefit from the profit or payments of such;

OR

The following officer(s), agent(s), or employee(s) of the City of Olathe would be financially interested in or receive a benefit from the profit or payments of any contract, job work, or service provided to the City of Olathe: (list all such officers, agents, or City employees on a separate sheet);

4. Firm has not participated in collusion or committed any act in restraint of trade, directly or indirectly, which bears upon anyone's response or lack of response any solicitation issued by the City of Olathe.

(Firm Name) Federal Tax

ID #

By: (Signature) Subscribed and sworn before me this day of

(Printed Name) 20

(Title)

Mailing Address NOTARY PUBLIC in and for the County of

City, State, Zip Code State of

Phone Fax My commission expires:

Email SEAL

IMPORTANT NOTE: All bid submittals must include a completed, NOTARIZED affidavit form. Failure to do so can result in the rejection of your bid. Scan the completed, notarized affidavit and upload with your bid submittal.

CITY OF OLATHE INSURANCE REQUIREMENTS

A. Insurance. Consultant agrees to secure and maintain throughout the duration of this

Agreement insurance of such types and in at least such amounts as set forth below from a Kansas authorized insurance company which carries a Best's Policyholder rating of "A-" or better and carries at least a Class "VII" financial rating or better, unless otherwise agreed to by City:

1. Commercial General Liability: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any commercial general liability policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Per Occurrence, including Personal & Advertising Injury and

Products/Completed Operations: $1,000,000; General Aggregate: $2,000,000.

2. Business Automobile Insurance: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any automobile policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Any Auto; OR All Owned Autos; Hired Autos; and Non-Owned Autos: Per occurrence, combined single limit: $500,000

Notwithstanding the foregoing, if Consultant does not own any automobiles, then Consultant must maintain Hired and Non-Owned Auto insurance.

3. Worker's Compensation and Employer's Liability: Workers compensation insurance must protect Consultant against all claims under applicable state

Worker's Compensation laws at the statutory limits, and employer's liability with the following limits.

Limits: $500,000 Each Accident/$500,000 Policy Limit/$500,000 Each Employee

4. Professional Liability: Consultant must maintain throughout the duration of this

Agreement and for a period of three (3) years after the termination of this

Agreement, Professional Liability Insurance.

Limits: Each Claim: $1,000,000; General Aggregate: $1,000,000

5. Cyber Insurance: If Consultant will have access to the City's network or City's data, Consultant must maintain throughout the duration of this Agreement and for a period of three (3) years after the termination of this Agreement. Coverage must

Exhibit B

CITY OF OLATHE

INSTRUCTIONS TO RESPONDENTS AND GENERAL TERMS AND CONDITIONS

1. SCOPE: The instructions to respondents and general conditions apply to transactions for material, equipment, supplies or services with an estimated single or combined cost over $100,000.00. These conditions shall be in force unless otherwise modified by the City in this document. Respondents shall be advised that the City of Olathe is not responsible for the content of any BID package received through any 3rd party bid service other thanhttps://olatheks.bonfirehub.com/. It is the sole responsibility of the respondents to ensure the completeness of the documents received from any 3rd party source other thanhttps://olatheks.bonfirehub.com/.

2. DEFINITIONS (AS USED HEREIN):

A. The term "Request for Proposals" means a solicitation of proposals. The acronym "BID" means Request for Proposals.

B. The term "respondents”, “supplier", “Contractor” or “respondent” means the person or organization responding to the

Request for Proposals.

C. The term “Contractor/Respondent” means a person or organization who is the successful respondents and who enters into a contract with the City.

D. The term “change order” means a written order from the Procurement Manager directing the respondents to make changes to a contract.

E. The term "City" means the City of Olathe, Kansas.

F. The term “City Council” means the governing body of the City of Olathe.

3. SUBMISSION AND RECEIPT OF PROPOSALS: Proposals shall be submitted in accordance with the specific instructions contained in the BID document. Proposals must be received prior to the specified time of closing as designated in the BID. All references to time shall be Olathe, Kansas time. Late proposals will be rejected.

All proposals will be held in confidence until a contract recommendation has been made or all proposals are rejected. All materials submitted in response to this BID will become the property of the City and may be returned only at the City’s option and at the respondent’s expense.

Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples will be returned at the respondent's expense unless otherwise specified in the BID. Failure to follow these procedures may be cause for rejection of proposal.

4. BID DOCUMENT MISTAKES: (Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the BID document after the closing of the proposal. Failure to respond to the entire proposal may result in declaring the proposal as non-responsive and the proposal may be rejected.

Telephone, fax, e-mail, or verbal alterations of a proposal will not be accepted. A proposal that is in the possession of the Procurement Division may be altered only by submission of an alternate sealed proposal signed by the person authorized for responding, provided it is received prior to the time and date of closing.

Proposals may not be withdrawn after the BID closing time and date if a proposal mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the respondent, the respondent shall request within two (2) business days of the BID closing for the City to consider verification of the mistake. Once a proposal has been verified, it shall be considered submitted as verified.

5. ACCEPTANCE OF OFFER: Proposals submitted shall be considered an offer on the part of the respondents; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

6. PRICING: Bidder proposes to furnish and deliver items ordered from this bid F.O.B. Olathe, Kansas. Pricing shall include all travel, shipping, freight, surcharges, and handling costs. Bidder signifies that they have read all bid documents and are providing detailed, expressed warranties with this bid. It shall be unacceptable for any bidder to make the statement "see specifications" instead of listing all exceptions and additions in the specifications of this bid document. Bidders shall enter unit pricing on https://olatheks.bonfirehub.com/ where indicated. Failure to provide any requested information may result in rejection of your bid.

7. FIRM PRICES: The respondents warrant that prices, terms, and conditions quoted in their proposal will be firm for acceptance for a period of not less than ninety (90) days from the closing date unless otherwise specified in the BID. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time.

8. F.O.B. OLATHE, KANSAS: Unless otherwise specified in the BID, all prices quoted by the respondents must be F.O.B. Olathe, Kansas with all delivery, handling, surcharges, and other charges included in the proposed price. Failure to do so may cause rejection of proposal.

9. THIRD PARTY FREIGHT SERVICE: The City of Olathe may, at its discretion, use a third-party freight service to arrange for delivery of the goods ordered as a result of this solicitation. In this case, the freight terms will be FOB Destination/Third Party Prepaid.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise specified in the BID, discounts offering 10 days or more will be taken by the City's Accounts Payable Division with payment being made on the nearest pay period subsequent to receipt, inspection, and acceptance of articles, and receipt of correct invoice(s).

11. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, respondents must indicate any variances from stated specifications or requirements, terms or conditions, no matter how slight. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with the City's specifications.

In the event that satisfactory proposals are not received, the City reserves the right to consider alternate proposals containing deviations from stated specifications as non-responsible.

12. QUALITY: Unless otherwise specified in the BID, all materials used in the manufacture or construction of supplies, materials, or equipment covered by this BID shall be new, of the latest make or model, the best quality, and highest-grade workmanship currently available.

13. ACCEPTANCE OF MATERIAL: The material delivered under this proposal shall remain the property of the respondents until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and fully comply with the specifications. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the respondents and return product to respondents at the respondent’s expense.

14. DELIVERY: Respondents shall indicate the number of days required to make delivery and provide installation or to complete service after receipt of a purchase order or contract. Delivery time may be considered in making an award.

15. COPYRIGHT OR PATENT RIGHTS: Respondents warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the proposal and respondents agrees to hold the City harmless from any and all liability, loss or expense occasioned by any such violation.

16. TAXES: The City of Olathe is exempt from any taxes imposed by the State and Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, Exp. 10/01/2020.

17. CITY ORDINANCE #3.50.140 - LOCAL PREFERENCE STANDARDS: For supplies, materials, and equipment acquired through bids, where an award is to be made to the lowest responsive and responsible bidder, a bid from a local business may be selected over the lowest responsive and responsible bid only if:

A. The bid from the local business is responsive and responsible;

B. The quality, suitability, and usability of the supplies, materials, and/or equipment are equal to that of the lowest responsible bidder; and

C. The amount of the bid of the local business does not vary more than two percent (2%) and does not exceed Five Thousand Dollars ($5,000) above the amount of the lowest responsible bid. Such a variance shall be calculated based on the total contract price.

The local preference described in this Section shall not apply to bids in which federal funds or other governmental funds are used when the use of such funds prohibits the application of local preference policies.

18. PERSONNEL PRACTICES: Respondents must comply with K.S.A... 44-1030 et. seq., mandatory provisions of the Kansas Acts

Against Discrimination as applied to state and local government contracts, which: (1) precludes discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) require solicitations or advertisements for employees include the phrase "equal opportunity employer"; and (3) allows the City to terminate their contract for default if provisions of the act are violated.

Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the performance of this contract as a matter of concern to the City, since such discrimination threatens not only the rights and privileges of the inhabitants of the City but menaces the institutions and foundations of a free democratic state. The affirmative action program is designed to ensure a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to race, color, creed or religion, physical handicap, national origin or sex.

All respondents who are awarded a Class I Contract ($10,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City’s Office of Fair Housing and Equal Opportunity, 200 West Santa Fe, Olathe KS 66061, 913-971- 6493. Form must be completed and approved by the FHEO before contract for goods or services is in effect. Approved respondents will be issued a certification number by FHEO. Certification must be renewed annually.

The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e. citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The respondents shall establish appropriate procedures and controls so no services or products in response to this BID will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

19. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and Certification), updated annually, from all respondents that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the respondents so the City can correctly report to the IRS all funds paid to the respondents. A W-9 Form must be completed as a part of the respondent’s registration process on app.Negometrix.com. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment shall be made to respondents without a current W-9 form being filed with the City of Olathe.

20. PURCHASING CARDS: The City of Olathe has implemented a procurement card program to streamline its purchasing process and to expedite payments to its suppliers. We encourage your acceptance of the City’s VISA P-card. Payments made to the successful respondent of this solicitation process will, if at all possible, be by use of a VISA Purchasing Card.

21. PAYMENT: Payment for materials or services received under this contract will be made upon completion of delivery for each purchase order and submission of invoice to the Accounts Payable Division, apolathe@olatheks.org or mail to PO Box 768, Olathe KS 66051-0768. Normal pay periods for the City is every other Friday.

22. INVOICING All invoices submitted for payment must be itemized to include a detailed breakdown of all items, name of person who placed order, location of work to be performed and work order number and equipment unit number. Invoices must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice shall be mailed to the attention of Accounts Payable, PO Box 768, Olathe KS 66051-0768 or emailed to: apolathe@olatheks.org http://app.negometrix.com/ http://www.irs.gov/pub/irs-pdf/fw9.pdf

INVOICES MUST BE SUBMITTED TO APOLATHE@OLATHEKS.ORG WITHIN 30 DAYS OF COMPLETED WORK. Failure to submit invoices in a timely manner may result in payments being delayed.

23. PAYMENT TERMS: The City of Olathe will only accept payment terms of Net 30 days.

Will your company accept the City’s VISA P-Card for payment without additional cost? Yes No:

24. COOPERATIVE PURCHASING BY OTHER INSTITUTIONS UNDER THIS CONTRACT: If the City of Olathe awarded you the proposed

Contract, you hereby agree to sell, under the prices and terms of this Contract, to any Municipal, County, Public Utility, Hospital, or Educational Institution located within the Greater Kansas City Metropolitan Trade Area? (All deliveries are to be F.O.B.

Destination and there shall be no obligations on the part of any member of such chapter to utilize this Contract).

(Check One) Yes No Minimum order if, applicable $ Pricing for cooperative purchases will remain in effect through

25. INDEMNITY: Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm, or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless City and its agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of Consultant or its subcontractors.

Comply: Exception:

26. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.

27. ESCALATION/ DE-ESCALATION CLAUSE: In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable to the City:

A. Respondents shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

B. Such notice must be accompanied by a copy of the supplier’s notification to the respondents of a justifiable price change.

C. No price escalation will be authorized in excess of the amount of the increase indicated on the supplier’s notice.

D. The approved price change shall be honored for all orders received by the respondents after the effective date of such price change.

E. Approved price changes are not applicable to orders already issued and in process at time of price change.

F. The City reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to price increase after reasonable notice and during normal business hours.

G. The Procurement Manager retains the right to determine whether or not such proposed price changes are in the best interests of the City.

H. If any proposed increase is found unacceptable, the Procurement Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

I. Respondents must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Respondents will put the Procurement Manager on the mailing lists for such publications so the Procurement Manager can monitor said changes. Such membership will be at no cost to the City.

J. If parties to the contract cannot agree on renewal terms, it is understood that the contract will be cancelled, and a new contract will be solicited.

28. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at (913) 971-9005 or www.olatheks.org.

mailto:APOLATHE@OLATHEKS.ORG http://www.olatheks.org/

By signing below, I hereby acknowledge that I have reviewed, understand, and agree to be bound by all terms and conditions set forth above.

By: ___________________________________________________

Printed Name: _________________________________________

Title: _________________________________________________

Firm Name: ___________________________________________

Address: ______________________________________________